Terms of Service

1.Overview

These Terms of Service (“Terms”) apply and govern your use of our mobile application (“App”) and our website. By accessing and using BetterLix, you agree to all the terms and conditions detailed below. Please familiarize yourself with these Terms of Service and our Privacy Policy.

BetterLix Defined

For purposes of these Terms, BetterLix includes Amsety GmbH and its affiliates, subsidiaries, related companies, officers, directors, employees, agents, successors, and assignees, collectively referred to as “BetterLix,” “Amsety,” “We,” “Our,” or “Us.” “Services” refers to any functionality of the BetterLix mobile application or website.

Arbitration and Class Action Waiver Notice

These terms include a class action waiver in section 15. Please read and review the class action waiver carefully, as they directly impact your rights to resolve any disputes with Us.

Privacy Policy

We are committed to protecting your privacy. Using Our Services means you acknowledge and agree that your use is subject to Our Privacy Policy and these Terms. Please refer to Our Privacy Policy to learn how We collect, use, and disclose information from Our users.

Links

The Terms apply only to the use of BetterLix and do not extend to any linked third-party websites. Our Services may contain links to sites or services owned and operated by parties other than BetterLix. BetterLix does not control or influence outside websites and is not responsible for their content. BetterLix’s inclusion of links to external sites does not and will not imply any endorsement, sponsorship, affiliation, association, or agreement of the content on the site or the owners, operators, or sponsors of such websites. Carefully review the policies, terms and conditions of any third-party website before using it.

Agreement to Terms

Your decision to access BetterLix, use Our Services (whether or not you create an account with us) constitutes your agreement to these Terms and Our Privacy Policy.

If you do not agree with any element of these Terms, please do not use Our Services.

Please feel free to Contact Us if you have any questions.

2.Service Use and Your Account

2.1 Who Can Use our Services

You must be 18 years old or older to use BetterLix. No individual under the age of 18 may submit to us any Personal Information or Personal Health Information as defined in the Privacy Policy.

BetterLix is restricted to use by residents of the United States of America only. No one who has previously been barred from using BetterLix is permitted to use Our Services.

2.2 Your Account

You do not have to become a registered BetterLix user to visit Our website. You may need to create a BetterLix account to use the Services. For the Services to function correctly, you must enter accurate information and keep that information accurate and up-to-date. BetterLix may make recommendations to you. These recommendations do not constitute medical advice. The recommendations, if made, are dependent on the information you provide to Us. We accept to responsibility of liability for any recommendations. It is especially important to keep your email address current and accurate. Your email address is how you access your account, recover your password, and how We contact you with important notifications.

If you do not keep your information complete, accurate, and up-to-date, We may need to terminate, suspend, or deactivate your account.

Your Responsibility

You are responsible for the confidentiality of any and all actions that occur when using your account on the Services. You agree that you won’t share or disclose your BetterLix password or passcode to anyone, and you agree to Contact Us immediately of any actual or suspected loss, theft, or unauthorized use of your account, account password, or device.

2.3 Updates, Changes, Functionality, and Limitations

Updates

Our Services are constantly evolving and changing. The form and functionality of the Services may change without notice to you. We may provide automated or manual updates for certain Services when We see fit.

Some elements of the Services may not properly function if you do not install updates. You acknowledge and agree that Our Services may not properly function if you do not consent to and apply such updates.

Changes

We may change, suspend, or discontinue Our Services at any time, including the availability of any feature, content, database, or product.

Functionality

You agree that your use and purchases are not contingent upon the delivery of any current Content, functionality or feature or future Content, functionality or feature or dependent on any oral or written statements made by BetterLix about Content, functionality or features.

Limitations

We are not obligated to provide updates or continue providing any Content, feature or functionality for the Services. We may also impose limits or restrict access to part or all of the Services without notice or legal liability.

2.4 Monitoring and Suspension

We can monitor, restrict, suspend, or terminate any account or access to Our Services at any time, without notice. Reasons for restriction, suspension, or termination include:

• Violation of these terms
• Violation of the BetterLix community guidelines
• You have created a legal risk for any user of the Services
• You have created a legal risk for the general public
• You have created a legal risk for a third party
• You have created a legal risk for BetterLix
• Lawful requests by law enforcement or other government agencies
• Unexpected technical issues or problems
• Discontinuation or material modification of any Services
• Your failure to timely pay for your paid subscription or any products or services associated with the BetterLix web site.

We will make a reasonable effort to notify you by email or message of any restriction, suspension, or termination when you next sign into your account.

If you purchase a paid subscription to Our Services, you agree to cancel your subscription with your App Provider to prevent further monetary charges upon learning of BetterLix account restriction, suspension, or termination.

2.5 Security

Your security is very important to Us. While We make every effort to ensure the security of your account, including but not limited to Personal Information (including Personal Health Information) and user-generated content, We cannot guarantee that unauthorized third parties will not penetrate Our security protocols. We are not responsible and have no liability for unauthorized access of Your account.

Please Contact Us immediately of any suspected or actual breach or unauthorized access to your account.

3.Ownership and Content Use

3.1 Content Explained

For the purposes of these Terms, “Content” means any information, data, or creative expression which includes, but is not limited to, communications, text, annotations, ideas, copyrights, trademarks, service marks, patents, branding, logos, replies, recipes, formulas, activities, nutrition information, photographs, images, videos, audio, sounds, illustrations, graphics, animations, designs, tools, likes, comments, geographical data, tasks, articles, exercises, forms, software, scripts, executable files, biometric data, plans, interactive features, applications, and any intellectual property therein, which may be provided, generated, or made available on or through the Services.

BetterLix Content

“BetterLix Content” refers to any Content, whether used on the App or website, not created by a user of the Services.

User-Generated Content

“User-Generated Content” refers to any Content a user (including you or other users) created, transferred, submitted, or otherwise provided to Us through the use of Our Services. Without limitation, Content includes User-Generated Content.

3.2 Ownership

BetterLix Ownership

Except as permitted below, BetterLix retains full and unrestricted ownership, licenses, authorship, responsibility for, and/or other applicable rights in all Content.

User Ownership

Each user has ownership in and responsibility for the User-Generated Content they create but grants a royalty free, unrestricted license to BetterLix for that User-Generated Content, as further defined in section 3.5.

Except when expressly permitted by these Terms, nothing grants you a license or allows you to use any BetterLix Content, including any Content owned, created, or controlled by any of Our affiliates, third-party partners, or business associates.

You agree not to create derivative works, display, distribute, duplicate, modify, or publish Our Services, Content, or products offered by Us unless We authorize your use in writing.

3.3 Our License to You

Subject to your compliance with these Terms, BetterLix grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited right and license to access, use, and display Our Services and Content for your personal, noncommercial use, except as otherwise stated in these Terms.

You acknowledge and agree that all BetterLix Content and technologies existing now or developed henceforth within the Services are safeguarded by copyrights, trademarks, patents, trade secrets, and/or all other proprietary rights and that these rights are bona fide and protected in all forms to the fullest extent by laws in any jurisdiction where BetterLix has rights. You agree not to alter, obscure, or remove any copyright, trademark, or other proprietary rights notices contained within or accompanying Our Services or Content.

3.4 Acceptable Use

3.4.1. BetterLix App

Provided that you comply with these Terms, BetterLix grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited right to download and install the App on a mobile device or computer that you own or control and to operate such App copy solely for your personal, noncommercial use. You may not make copies of the App except for making a reasonable number of copies for backup purposes. Except as expressly permitted by these Terms, you shall not (i) distribute, lease, lend, rent, or sublicense the App to anyone else; (ii) copy, modify, or create derivative works based on the App; (iii) decompile, disassemble, or reverse engineer the App; (iv) make any functionality of the app available to other users through any means.

3.4.2 BetterLix Content

All BetterLix Content is copyrighted under the United States copyright laws, and We own a copyright in the arrangement, coordination, enhancement, look, and selection of such content.

3.4.3 Commercial Use

Except when expressly permitted by BetterLix, you agree not to use Our Services or products for commercial purposes. Commercial use includes, but is not limited to, sale of a product or service, increasing traffic to another website, or partaking in any endeavor or activity that could generate revenue for you or others. If you wish to use BetterLix Services, Content, or products for commercial use, you must enter into a legally binding licensing agreement with Us prior to your use. Please Contact Us to learn how to enter into a licensing agreement to use BetterLix Services, Content, or products for commercial purposes.

3.5 Your License to Us

By accessing or using BetterLix and creating User-Generated Content, you grant Our users and Us an irrevocable, freely transferable, non-exclusive, sublicensable, worldwide right and license to adapt, cache, create derivative works, commercialize, display, distribute, host, modify, perform, publish, reproduce, transmit, and otherwise exploit such User-Generated Content in connection with any and all Services.

The licensed rights granted by you to Betterlix allow us to operate and for you and other users to use the Services, including functionalities, improvements, and develop new Services. Without limiting the preceding, We will not use any of your User-Generated Content in any manner inconsistent with Our Privacy Policy .

You acknowledge and agree (i) that We have no obligation to give you credit when using your User-Generated Content; (ii) that We have the sole discretion to dictate the size, placement, appearance, and organization of any of your User-Generated Content; (iii) you are not eligible or entitled to receive any payment, compensation, or royalties from BetterLix in connection with use or storage of your User-Generated Content.

You agree that you will recognize and respect other users’ intellectual property rights. You warrant and agree that you have all the rights to grant BetterLix the license granted above for all User-Generated Content you submit, create or otherwise connect to the Services and that you will indemnify Us for any breach of this warranty.

BetterLix reserves the right to monitor, modify, or remove User-Generated Content at Our discretion.

Nothing contained in these Terms will be construed to mean or imply that We restrict your rights to use and exploit your User-Generated Content. BetterLix does not claim any ownership rights for any User-Generated Content.

3.6 Sharing

For the “Share with Friends” features to operate, you must enter someone else’s Personal information in the form of their name, phone number, email address, or otherwise. Before you use Our Share with Friends feature, you agree that you will obtain and have the expressed right from others to share their Personal Information.

We may process and store the aforementioned Personal Information you provide for a reasonable time, but We will not make such information publicly available. You warrant that you are authorized to submit and refer any third-party contact information to Us and will indemnify Us for any breach of this warranty.

3.7 Content Generation and Retention

You are responsible for the User-Generated Content you create within the Services. Even if you remove User-Generated Content from the Services or upon the termination of your BetterLix account, We may retain such content for a reasonable time for archival, audit, or backup purposes or as otherwise permitted by applicable laws. BetterLix, as well as its users, may retain and continue to create derivative works, display, distribute, modify, perform, reproduce, share, store, or otherwise any of your User-Generated Content that has been shared, stored, transferred, or created through the Services, including public comments. Please review Our Privacy Policy for further information.

4.BetterLix Community Guidelines

4.1 Public Interactive Areas

BetterLix aims to provide a safe and friendly network for adults interested in liver health. To achieve this aim, we require all users to adhere to Our community guidelines when using interactive public areas of Our Services. By using Our Services, you agree that your use of the Services, Public Interactive Public Areas, including social media accounts and public comments, and all User-Generated Content will comply with Our Community Guidelines. Violations of Our community guidelines may result in account restriction, suspension, termination, civil liability, or criminal charges.

4.2 Community Guidelines & Prohibitions

You agree not to do any of the following:

• Inappropriate Content
  Do not post, upload, publish, transmit, advocate, or promote any Content that (i) violates or encourages any conduct that would violate any applicable regulations or laws or would provoke civil or criminal liability; (ii) infringes upon, misappropriates, or violates a third party’s intellectual property rights, patent, trade secret, moral or ethical rights, or the rights of privacy or publicity; (iii) obscene, offensive, defamatory, pornographic, or vulgar; (iv) implies or promotes bigotry, discrimination, harassment, harm, hatred, prejudice, or racism against any individual or group; (v) is violent or threatening or promotes or provokes violence or threatening acts to any person or entity; or (vii) promotes illegal or harmful substances or activities.
• Impersonation
  Do not impersonate anyone else or pretend to be someone other than yourself, misrepresent your identity or affiliation with any other person or entity, including impersonating or misrepresenting your identity or affiliation with BetterLix.
• Unsafe Practices
  BetterLix Services are intended to help users in a wellness journey. It is not permitted to promote unsafe practices. We prohibit the glorification or promotion of alcohol use, drug use, unproven supplement use, disordered eating, or otherwise, determined at Our sole discretion. Do not post, upload, publish, transmit, or advocate any potentially unsafe, controversial, or unproven substances, activities, practices, products, or techniques.
• Deceptive or Fraudulent Links
  Do not share, upload, post, or store fraudulent or deceptive links, including links that contain misleading imagery, text, source, descriptions, embedding, or otherwise.
• Disruptions or Abuse of Resources
  You are prohibited from disrupting or damaging the operation of Our Services, including but not limited to those through automated processes, exploitation, resource abuse, or general unauthorized usage.
• Spam and Junk Mail
  Do not send spam or junk mail to others, including BetterLix, through messages, posts, or replies when using Our interactive public areas, forms, or forums.
• Harm
  You are prohibited from using the Services to harm minors and adults.
• Provocation
  Do not use the forums or forms to provoke, attack, troll, slander, or redirect the conversation toward your aim or pursuit.
• Private Conversations
  We prohibit posting private conversations in Our public forums and interactive public areas, including screenshots.
  All public forum postings and communications are public and not private. You are, and shall remain, solely responsible for the User Generated Content that you upload, submit, share, communicate, transmit, or exchange to the Public Forum and for the consequences of the same.
• Solicitation
  Do not post Personal Information regarding any third party or request Personal Information from any third party in the interactive public areas, including but not limited to telephone numbers, physical addresses, last names, email addresses, passwords, or photographs.
• Legal Obligation Breach
  Do not disclose any information regarding a breach of any contractual obligation.
• Query Automation
  You are prohibited from sending automated queries to BetterLix systems and networks without first obtaining Our express written permission.
• Other
  Do not enter or post anything that contains material that we, in Our sole determination, may deem inappropriate or may expose BetterLix or Our users to liability or harm of any kind, or may impede another user from comfortable participation in the Services. You are prohibited from defaming, defacing, or posting defamatory or damaging Content that may tarnish the goodwill associated with BetterLix and BetterLix Content.

Violation of any of the above subsections of this paragraph 4.2 will result in the to termination, suspension, or deactivativation your account.

4.3 Reporting Objectionable User-Generated Content

We cannot guarantee that all users will comply with Our Community Guidelines, but we aim to enforce such guidelines strictly.

You acknowledge and agree that using Our Services may expose you to User-Generated Content that violates Our Community Guidelines and that BetterLix is not responsible for the accuracy, appropriateness, intellectual property rights, legality, safety, or usefulness of such User-Generated Content.

Please Contact Us to report any Content you believe violates Our Community Guidelines or if you know or suspect someone is misappropriating your User-Generated Content per these Terms. We maintain the right without obligation to review your report and take the appropriate action to remove any violating User-Generated Content.

5.Intellectual Property / Digital Millennium Copyright Act (DCMA) Clause

We respect your intellectual property rights and intellectual property laws. If you believe any User-Generated Content or BetterLix Content violates applicable copyright, trademark, or other intellectual property laws, please Contact Us immediately to make a claim either online or in writing at:
BetterLix
Attn: IP Claim Request/Legal
Teerofendamm 1
14532 Kleinmachnow, Germany

BetterLix will investigate any allegations of violation or infringement upon receiving your claim. We require certain information from you to process your claim request. You acknowledge and agree that if you fail to provide all the requested information detailed below, your claim request may be rendered invalid. Please be advised that some information in your claim request may be provided to the user who allegedly posted the violating content.

To complete your claim request, please include the following information with your submission:

• Contact Information for the authorized claimant when applicable and/or for the “Notifying Party,” including first name, last name, email address, physical address, and phone number;
• Location and source on BetterLix of the Content in question;
• Information about the original source and author of the alleged violated Content, including name, address, telephone, number, and email address;
• A statement made by the Notifying Party that they have a good faith belief that the Content is in violation of intellectual property rights and is not authorized for use by its owner or law;
• A statement made by the Notifying Party under penalty of perjury that all information contained within the claim request is true and correct and that the Notifying Party is authorized to make a formal complaint on behalf of the Content owner; and,
• An electronic or physical signature of an authorized claimant, when applicable, and/or owner of the allegedly violated content.

6.Mobile Considerations

Device and Wireless Carrier

We make no guarantees that Our Services are compatible with or available for your device. Your mobile carrier’s standard rates and fees still apply.

App Stores

If you have downloaded the App from an App Store Provider, then you acknowledge and agree that:

• a. These Terms are an agreement between you and BetterLix, and not with the App Store Provider. As between BetterLix and the App Store Provider, BetterLix is solely responsible for its application;
• The App Store Provider has no obligation to provide maintenance and/or support services for any aspect of the App or Services.
• In the event of any failure with the App to comply with any applicable warranty, you may notify the App Store Provider, and the App Store Provider will refund you any applicable purchase price for the App, and to the maximum extent permitted by law, the App Store Provider will have no other warranty obligation whatsoever regarding the App. BetterLix bears the sole responsibility for any other claims, losses, liabilities, damages, costs, or expenses attributable to the App’s failure to conform to any warranty.
• The App Store Provider is not responsible for answering or addressing any claims you have or any claims of any third party regarding the App or your possession or use of the App, including (i) product liability claims; (ii) claims that the App fails to adhere to any applicable requirements including legal or regulatory requirements; (iii) consumer protection claims or parallel legislation;
• If a third party claims the App infringes another party’s intellectual property rights, as between the App Store Provider and BetterLix, BetterLix is and will be responsible for the investigation, defense, settlement, and discharge for any such claim to the extent required by these Terms;
• The App Store Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof;
• You agree to comply with all applicable third-party terms of service or terms and conditions when using the App, and
• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by laws and/or regulations.

6.1 Payment Terms

You must designate a Payment Method to pay for BetterLix Services, whether as a one-time fee or through a recurring subscription. Your Payment Method must be accurate for payment. You expressly authorize us to collect your payment automatically from your on-file Payment Method when you elect to subscribe to Premium Services.

6.2 Fee Changes

We may change our prices for Premium Services at any time, to the maximum extent permitted by law. We will make a reasonable effort to notify you of any such pricing changes by posting the new prices publicly and/or sending you a notification email detailing the pricing changes. You agree to accept any price change unless you notify Us, in writing, that you want to cancel your account. You agree that you will be responsible as described in section 8.3 below.

6.3 Premium Services Cancellation

You are free to cancel your BetterLix subscription at any time; however, you must cancel seven (7) days before your renewed billing cycle to allow us to process your request. If you fail to cancel your subscription seven days before the renewal of your subscription billing cycle, you will be charged for one month of BetterLix before the change goes into effect, and your subscription will expire on the day of your subsequent billing cycle. You will continue to have access to BetterLix Services for the entire time you have paid.

7.Health Disclaimers

For purposes of these terms, “Activities” refers to any physical, nutritional, dietary, social, fitness, wellness, or health information found within the mobile application and website.

7.1 BetterLix Is for Informational Purposes Only

Always Follow Your Doctor’s Instructions

Please note that BetterLix does not provide any medical advice, diagnosis, procedures, tests, or therapies through Our Services, Content, Activities, or products. Our Services are for informational purposes only. In no way should any part of the Services, Content, Activities, or products be construed as professional medical advice. Your use of BetterLix does not constitute a doctor/healthcare provider-patient relationship between you and BetterLix.

You also agree that if any information you encounter in our Services contradicts medical advice from your doctor/healthcare provider, you will follow your doctor/healthcare provider’s instructions rather than the information you encounter in Our Services, Content, or products.

BetterLix Services, Content, and Activities, including any reports created from your User-Generated Content, must not be interpreted as a substitute for professional consultation, evaluation, or treatment, and the information must not be relied upon when making health decisions or treating or diagnosing a health condition or illness.

Always consult a healthcare professional with any questions you have regarding your health condition or illness, prescription medication, or diet before starting any new exercise regimen, diet or nutrition programs, or any other wellness or fitness programs, plans, or activities that you may encounter or engage with through Our Services, Content, Activities, or products.

By using the Services, you agree that you are not using the Services, Content, or products or participating in any of the Services’ Activities for the purposes of or in the place of healthcare attention or advice. You further agree that you will consult your doctor or healthcare professional before using the Services.

You are solely responsible for your interactions with BetterLix and BetterLix Content and Activities.

7.2 Safety Disclaimer

Your safety is very important.

Always get approval and consent to use our Services from your doctor or healthcare professional before using our Services. Partaking in any of the activities available through our Services and Content is solely at your own risk.

You agree, warrant, and represent that you have consulted your doctor/healthcare provider before making any changes to your diet, exercise regime, or wellness and fitness routine based on any information available to you or Activities presented through Our Services, Content, and products.

By using Our Services, Content, and/or products, you agree, warrant, and represent that you have received approval and consent from your doctor/healthcare provider to partake in the Activities provided by Our Services and Content.

If you participate in any of the Activities presented via Our Services and Content, you do so of your own free will and personal accord, and you knowingly and voluntarily assume all risks associated with participating in such Activities.

You acknowledge and agree that any physical activities presented via the Services, Content, or Activities carry inherent risks of bodily injury, mortality, property damage, and other risks associated with these activities.

Notwithstanding any other provision to the contrary in these Terms, and to the maximum extent permitted by applicable law, BetterLix is not liable or responsible, either directly or indirectly, for any injury, illness, or damage resulting from your use of the Services, Content, Activities, or products even when the injury, illness, or damage is the direct consequence, in whole or in part, of the action, inaction, or negligence of BetterLix.

7.3 Accuracy and Reliance Disclaimer

While BetterLix makes every effort to provide accurate, reliable, and up-to-date information, we make no representation or warranties, express or implied, concerning the accuracy, adequacy, completeness, legality, reliability, or timeliness of any Content in the Services. We make no commitment to update any Content.

8.Revision of Terms

We reserve the right to change, alter or modify these Terms at any time. In the event of changes to these Terms, we will ask you to review and explicitly agree to or reject the Terms in their revised form. The revised Terms will become effective from the time of your agreement. If you disagree with the revised Terms, you will not be permitted to use Our Services.

In instances where we do not ask for your explicit agreement to revised Terms, your agreement will become effective on the date specified in the Terms. Your decision to keep a BetterLix account, access, or use the Services (regardless of whether you create a BetterLix account) constitutes your acceptance of the revised Terms. If you do not agree to the revisions, you are not permitted to use the Services.

We will make a reasonable effort to notify you in advance of any changes or revisions of these Terms by email, through the Services, such as on the homepage of the website or the App. Revisions, changes, or modifications will not retroactively apply unless required by law.

9.Warranty Disclaimers

BetterLix Services, Content, system, and products are provided to you, the user, “As-Is” and “As Available,” without warranty of any kind—-express, implied, or statutory—except as mandated by law.

We make no warranties for latent or patent defects, viruses, accuracy, or the applicability of the data or the program used by or furnished to the Services or you by us or others.

To the maximum extent permissible by law, we make no warranty that the Services, Content, or products will meet your requirements, provide specific results, or be available on an error-free, harm-free, uninterrupted, or secure basis. We also make no warranty regarding the accuracy, completeness, quality, timeliness, truthfulness, or quality of any Services, Content, or system.

Any oral or written information provided by us, Our agents, or Business affiliates does not and will not create any warranty. Written or oral advice or information obtained from other users through the Services does not and will not create any warranty.

We do not make warranties or representations of any kind for any Content. User-Generated Content is the sole responsibility of the user who created or provided the Content.

You therefore acknowledge and agree that the use of the Services is your sole risk.

10.Limitation of Liability

Some jurisdictions have laws protecting consumers and others and allow the exclusion or limitation of liability for consequential or incidental damages, so the limitation below may not apply to you.

To the maximum extent permitted by applicable law, under no circumstances shall BetterLix, its affiliates, employees, providers, subsidiaries, wireless carriers, or any other partner involved in creating, producing, or delivering Our Services, Content, or products are, or will be liable to you or any third party for any incidental, indirect, special, reliance, exemplary, consequential, or punitive, or intangible damages of any kind including but not limited to loss of goodwill or data, profit loss, computer damage, system, failure, costs associated with substitute services or products arising out of or in connection with these Terms or from the use of or inability to use the Services, Content, or products, whether based on warranty, contract, tort, negligence, product liability, or any other legal theory, and whether or not BetterLix has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential nature or purpose.

To the maximum extent permitted by applicable law, we are not liable for any claims arising out of (i) your use of Our Services; (ii) the use, display, disclosure, or maintenance of a user’s Personal Information; (iii) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (iv) other Content, data, information, Services, or goods received through or advertised on the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability outlined in the Terms, that these warranty disclaimers, releases, and limitation of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us.

In the event any of the above limitation of liabilities is found inapplicable or not allowed by law, the total liability of BetterLix, for any claim under these Terms, including for any implied warranties, is limited to the greater of one hundred dollars ($100.00 USD) or the amount you paid us to use the applicable Service in the past twelve months.

For Residents of California (California Civil Code Section 1542)
You waive your rights regarding the California Civil Code Section 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

11.Indemnification

To the maximum extent permitted by applicable law, you acknowledge and agree that you will hold harmless and indemnify BetterLix and its agents, officers, employees, directors, Business Associates, and other affiliates from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including without limitation, reasonable legal and accounting fees for us and any third party due to or arising out of or in any way connected with (i) your access to or use of the Services; Content, and products; (ii) your violation of these Terms; (iii) your activities in connection with the Services; (iv) your connection to the Services; (v) your use or misuse of any user’s Personal Information; (vi) your violation of any of the rights of any other person or entity; (vii) your using the Services to meet another user in person.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with Our defense of these claims.

12.Governing Law

Our Terms are and shall be governed by and construed per the laws of the United States, without regard to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to your use of the Services, Content, products, or these Terms shall be venued and filed directly only in the Country of Germany, in an appropriate court in Berlin and you hereby consent and submit to the jurisdiction of such courts for litigation and/or any appropriate action.

13. DISPUTE RESOLUTION

You agree that if for any reason a Dispute arises and leads to litigation

• You waive any jury trial
• The dispute shall proceed on an individual basis and
• You will not be a class representative or class member or shall otherwise participate in any class, consolidated, representative, or private attorney genealogy proceeding. You waive the right to participate in a class action;

14.International Terms

BetterLix is intended for residents of the United States only; other countries’ laws do not regulate it, except as outlined above in paragraph 13. By accessing BetterLix, you agree to the transfer, storage, and processing of your information in the United States as detailed in our Privacy Policy and to follow all applicable laws.

15.Survival of Terms

In the event of the termination of these terms or Our relationship, Our rights or remedies, and any provision of these Terms will survive termination, as permitted by law, to give proper effect to the intent and purpose of these Terms. In particular, but not exclusively, the following paragraphs will survive termination: 3 (Ownership and Content Use, in total), 9 (Health Disclaimers), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnification),15 (Disputes and Arbitration, Class Action Waiver, and Jurisdiction), 17 (Survival of Terms).

16. General Terms

If any of these Terms are lawfully deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will not impact the validity and enforceability of the remaining provisions. Our failure to enforce any right or provision of Our Terms shall not be construed as a waiver of any such right or provision.

These Terms, together with Our Privacy Policy, are the entire agreement between you and BetterLix relating to the subject matter herein. You acknowledge and agree that no partnership, joint venture, employment, or agency relationship exists between you and BetterLix with respect to your use of the Services.

We may assign Our rights and obligations under these Terms. You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without Our prior written consent. We have the right to delegate or use third-party contractors to fulfill the obligations of Our Services under these Terms.

Our notice to you via email, links, postal mail, or through the Services constitutes acceptable and reasonable notice to you under these Terms. We are not responsible for your failure to receive Our notifications if your email technology filters such notifications. A notification will be considered “received” after twenty-four (24) hours after sending it through the Services or seventy-two (72) hours after sending it via email or postal mail.

17.Contact BetterLix

If you have questions about the Services, feedback, or comments, please email us () or write to:

BetterLix
Attn: Legal/Terms of Service
Amsety LLC
1947 Camino Vida Roble
Carlsbad, California 92008
United States of America

Please include your full name, postal address, email address, and your message in any correspondence. You may also include your telephone number if you would like us to contact you by phone.